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_add-on b)Add-on Item b) Sponsored by: Mayor Stoddard City Commission Meeting: 02-20-18 RESOLUTION NO. __________ 1 2 A Resolution urging the Florida Legislature to raise the age 3 of gun possession in Florida to 21 years, the same as alcohol 4 possession and consumption. 5 6 WHEREAS, Florida Statutes do not expressly prohibit persons over the age of 17 7 from purchasing, carrying, or owning guns; and 8 9 WHEREAS, neuroscience research shows that the parts of the human brain that 10 regulate planning, judgement, and impulse control do not mature until people are in their 11 mid 20s [Sowell ER, Thompson PM, Holmes CJ, et al. 1999. In vivo evidence for post-12 adolescent brain maturation in frontal and striatal regions. Nature Neuroscience 2:859–61; 13 Johnson SB, Blum RW, Giedd JN. 2009. Adolescent maturity and the brain: the promise 14 and pitfalls of neuroscience research in adolescent health policy. The Journal of adolescent 15 health: official publication of the Society for Adolescent Medicine 45(3):216-221]; and 16 17 WHEREAS, section 562.11,Florida Statutes, already restricts the age of alcohol 18 purchase, possession, and consumption to 21 years of age under the recognition that people 19 below that age lack the maturity to safely consume alcohol. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 23 24 Section 1. The City Commission hereby urges the Florida Legislature to amend 25 all relevant parts of chapter 790 of the Florida Statutes to restrict acquisition, possession, 26 ownership, transport, and unsupervised use of any and all firearms to persons no less than 27 21 years of age. 28 29 Section 2. The City Clerk is hereby directed and authorized to send a copy of 30 this resolution to Governor Rick Scott, to all State Representatives and State Senators, and 31 to the presiding officers, council, and commission members of the county and municipal 32 governments in Miami-Dade and Broward Counties. 33 34 Section 3. If any section clause, sentence, or phrase of this resolution is for any 35 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 36 not affect the validity of the remaining portions of this resolution. 37 38 Section 4. This resolution shall take effect immediately upon adoption. 39 40 PASSED AND ADOPTED this th day of , 2018. 41 42 ATTEST: APPROVED: 43 44 _________________________ ___________________________ 45 CITY CLERK MAYOR 46 47 READ AND APPROVED AS TO FORM, COMMISSION VOTE 1 LANGUAGE, LEGALITY, Mayor Philip Stoddard: 2 AND EXECUTION THEREOF: Vice Mayor Walter Harris: 3 Commissioner Luis Gil: 4 Commissioner Josh Liebman: 5 Commissioner Robert Welsh: 6 ____________________________ 7 CITY ATTORNEY 8 Florida Statutes relating to age of gun and alcohol possession 790.115 Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions. (4) Notwithstanding s. 985.24, s. 985.245, or s. 985.25(1), any minor under 18 years of age who is charged under this section with possessing or discharging a firearm on school property shall be detained in secure detention, unless the state attorney authorizes the release of the minor, and shall be given a probable cause hearing within 24 hours after being taken into custody. 790.17 Furnishing weapons to minors under 18 years of age or persons of unsound mind and furnishing firearms to minors under 18 years of age prohibited.— (1) A person who sells, hires, barters, lends, transfers, or gives any minor under 18 years of age any dirk, electric weapon or device, or other weapon, other than an ordinary pocketknife, without permission of the minor’s parent or guardian, or sells, hires, barters, lends, transfers, or gives to any person of unsound mind an electric weapon or device or any dangerous weapon, other than an ordinary pocketknife, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2)(a) A person may not knowingly or willfully sell or transfer a firearm to a minor under 18 years of age, except that a person may transfer ownership of a firearm to a minor with permission of the parent or guardian. A person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) The parent or guardian must maintain possession of the firearm except pursuant to s. 790.22. 790.18 Sale or transfer of arms to minors by dealers.— It is unlawful for any dealer in arms to sell or transfer to a minor any firearm, pistol, Springfield rifle or other repeating rifle, bowie knife or dirk knife, brass knuckles, or electric weapon or device. A person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. History.—s. 11, ch. 6421, 1913; RGS 5559; CGL 7745; s. 751, ch. 71-136; s. 2, ch. 76-165; s. 176, ch. 91-224; s. 4, ch. 93-416; s. 3, ch. 2016-106. 790.175 Transfer or sale of firearms; required warnings; penalties.— (1) Upon the retail commercial sale or retail transfer of any firearm, the seller or transferor shall deliver a written warning to the purchaser or transferee, which warning states, in block letters not less than 1/4 inch in height: “IT IS UNLAWFUL, AND PUNISHABLE BY IMPRISONMENT AND FINE, FOR ANY ADULT TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR UNDER 18 YEARS OF AGE OR TO KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF UNSOUND MIND.” (2) Any retail or wholesale store, shop, or sales outlet which sells firearms must conspicuously post at each purchase counter the following warning in block letters not less than 1 inch in height: “IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR UNDER 18 YEARS OF AGE OR TO KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF UNSOUND MIND.” (3) Any person or business knowingly violating a requirement to provide warning under this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 790.25 Lawful ownership, possession, and use of firearms and other weapons.— (5) POSSESSION IN PRIVATE CONVEYANCE.—Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use 562.11 Selling, giving, or serving alcoholic beverages to person under age 21; providing a proper name; misrepresenting or misstating age or age of another to induce licensee to serve alcoholic beverages to person under 21; penalties.